刑事诉讼制度改革视野下的法官自由裁量权再审视

Re-examination of Judges’Discretion from the Perspective of Criminal Procedure System Reform

以审判为中心的诉讼制度改革就是要突出人民法院在刑事诉讼程序中的中心地位,保障人民法院依法独立行使审判权,保障法官在刑事个案中的自由裁量权,这也是我国司法独立的重要体现。然而,当前我国法官自由裁量权的行使仍然面临着既判力对后案案件的审理裁判约束范围争论较大、量刑规范化要求严格限制法官自由裁量权、经验法则在审判中难以适用等问题。为系统解决上述问题,需要将理论与实践相结合对我国法官自由裁量权进行再审视、再突破与再创新。

Trial-centered litigation system reform is to highlight the central position of the people′s court in the criminal procedure,to protect the independent exercise of judicial power of the people′s court according to law,and to protect the discretion of judges in criminal cases,which is also an important embodiment of China′s judicial independence.However,at present,the exercise of judge discretion in China still faces some problems,such as the dispute of the scope of res judicata binding judgment in the trial of later cases,the strict restriction of the discretion of judge,and the difficulty of applying the rule of experience in the trial.In order to solve these problems systematically,it is necessary to combine theory and practice to review,break through and reinnovate the discretion power of the judge in China.